New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf SCR Part 52A, rule 35A)
(1) The court may by order, of its own motion or on the application of a party, specify the maximum costs that may be recovered by one party from another.
(2) A maximum amount specified in an order under subrule (1) may not include an amount that a party is ordered to pay because the party--(a) has failed to comply with an order or with any of these rules, or(b) has sought leave to amend its pleadings or particulars, or(c) has sought an extension of time for complying with an order or with any of these rules, or(d) has otherwise caused another party to incur costs that were not necessary for the just, quick and cheap--(i) progress of the proceedings to trial or hearing, or(ii) trial or hearing of the proceedings.
(3) An order under subrule (1) may include such directions as the court considers necessary to effect the just, quick and cheap--(a) progress of the proceedings to trial or hearing, or(b) trial or hearing of the proceedings.
(4) If, in the court's opinion, there are special reasons, and it is in the interests of justice to do so, the court may vary the specification of maximum recoverable costs ordered under subrule (1).